Client is an offshore company, project is the refurbishment of m.d.'s private residence, so distinction is blurred. I am inclined to err on the side of caution and apply CDM. Is this the professional approach?
The question above was originally posed via our Ask A Guru feature and this response from 2004 was by either Dave Carr or Michael Stokes.
The CDM Regulations are very clear in that certain regulations do not apply when the client is a 'domestic client' ie a householder arranging to have work carried out on their private dwelling.
In this instance, it appears that the 'client' is a company, NOT the MD (ie the company will presumably be paying the contractors bill) and therefore the CDM regulations apply IN FULL (subject of course the application criteria ie number working on site / person days etc).
The fact that the 'client' is offshore makes no difference; if the construction work is in the UK then UK legislation applies.
In my opinion therefore, you are correct in adopting a professional approach and applying CDM.
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